EX PARTE KIRK

INGRAM, Justice.

After carefully reviewing the record, we quash the writ of certiorari as having been improvidently granted.

In quashing the writ, this Court does not wish to be understood as approving all the language, reasons, or statements of law in the Court of Criminal Appeals' opinion. Horsley v. Horsley, 291 Ala. 782, 280 So.2d 155 (1973).

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

MADDOX, ADAMS, STEAGALL and KENNEDY, JJ., concur.